Walpole man arraigned in Canton fatal

Tuesday

Jul 22, 2014 at 12:01 AMJul 22, 2014 at 3:45 PM

By Brittney McNamarabmcnamara@wickedlocal.com

STOUGHTON -- Ten months after an accident that killed a Canton woman, a Walpole man pleaded innocent to vehicular homicide by negligence at his arraignment at Stoughton District Court July 18.Stephen Walsh also pled not guilty to marked lanes violations and speeding after police say his vehicle killed Mary A. Centarrino Morningstar, 65, on Walpole Street in Canton in a head-on collision Sept. 15, 2013.Walsh's attorney, Jack McGlone, believes the case eventually will find its way to trial as a court magistrate recently found enough evidence to support the arraignment.Judge Richard D. Savignano continued the case to a pre-trial conference on Aug. 26.Police say Walsh's Chevrolet Corvette crossed the centerline on Walpole Street, crashing into Morningstar's Chevrolet Trailblazer. Morningstar died after the crash, and Walsh, then 19, was hospitalized with a broken femur among other injuries.The arraignment came after a magistrate hearing on May 16 during which McGlone said the clerk found enough probable cause to continue the case in district court as a misdemeanor."We still feel confident that at the end of the day, they won't be able to prove (negligence) beyond a reasonable doubt," McGlone said.The case has seen significant delays since the crash last year due to the amount of time taken for collision reconstruction, and autopsy and toxicology reports to be made available, said the District Attorney's office. Additionally, a witness was unavailable at a previously set court date.At the pre-trial hearing, McGlone said he and the prosecution will review medical records, cell phone history and other fact-finding documents that potentially could be used as evidence should the case go to trial. McGlone said the defense hinges on whether or not Morningstar died of crash-related impact injuries, or whether other maladies – like a heart attack or a stroke – indirectly caused her death.McGlone said the case likely will go to trial because of the mandatory punishments associated with the crime.Anyone found guilty of vehicular homicide in Massachusetts loses his license for a minimum of 15 years, according to state law. McGlone said it's unlikely he'll accept a settlement outside of court unless the 15-year punishment is removed. The only other way to avoid the punishment is to clear Walsh of the crime completely.Prosecutors now must prove negligence beyond a reasonable doubt, investigating whether Walsh crossed the centerline for no reason, was speeding, and other signs of heedlessness at the wheel.Walsh allegedly was coming from Brookmeadow Country Club with his 24-year-old brother when he crashed his brother's car. McGlone said Walsh's toxicology reports came back negative for drugs or alcohol at the time of the crash.The Norfolk County District Attorney's office did not set bail, leaving Walsh free until the Aug. 26 hearing. The judge prohibited Walsh from driving while his case is pending.Should the state choose to indict Walsh on the charges, McGlone said the case may be elevated to a felony, which would carry more serious penalties if proven.